BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130013009 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his record to show award of the Air Medal and Purple Heart.

2.  The applicant states he sustained permanent auditory nerve damage and hearing loss due to a booby trap explosion on 15 April 1970 in Vietnam.  He estimated he was unconscious for one minute or less as a result of the explosion.  He did not seek medical attention at the time because he wanted to stay with his comrades.  During his first visit to company headquarters in Duc Pho following the incident, as he was preparing to fly to Chu Lai to visit the audiology department, he was discussing the incident with the company clerk, who asked him if he wanted to be put in for a Purple Heart.  Being a conscientious 21-year old Soldier, he declined, thinking that his ears would eventually quit ringing and all would be okay.  He felt to accept the Purple Heart at the time would have been an insult to those who lost life and limb that day.

3.  The applicant provides:

* personal statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Chicago Tribune news article, dated 16 April 1970, and a second news article
* internet printout of staff journal
* letter of support from a fellow Soldier

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 15 May 1969, he was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman), and he was advanced to the rank of specialist four/pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service) – he was credited with service in Vietnam beginning on 12 October 1969
* item 38 (Record of Assignments) – he was assigned to Company C, 4th Battalion, 3d Infantry, 11th Infantry Brigade, performing duties as an infantry team leader during the period 26 October 1969 to 7 October 1970
* item 38 – all "excellent" conduct and efficiency ratings
* item 40 (Wounds) – no identified battle wounds
* item 41 (Awards and Decorations) – special orders awarded him the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 

4.  General Orders Number 15376, issued by Headquarters, 23d Infantry Division, dated 24 November 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 13 January 1970 to 7 November 1970.

5.  On 14 May 1971, he was honorably released from active duty.  He completed 2 years of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Army Commendation Medal
* Bronze Star Medal
* Combat Infantryman Badge

6.  A review of the Vietnam casualty list did not reveal the applicant's name.

7.  His record is void of any documents that indicate he was ever wounded in action.

8.  He provides two newspaper articles describing the high number of wounded and killed in a booby trap explosion on 15 April 1970.

9.  He provides an internet printout of a staff journal for the 4th Battalion, 3d Infantry, for 15 April 1970.  The journal shows that during the day, Company C, while under operational control of the 4th Battalion, 21st Infantry, was hit by an unknown type of booby trap, resulting in 6 killed in action and 13 wounded in action. 

10.  He also provides a statement from a fellow unit member stating on 15 April 1970 their unit was hit by a Vietcong booby trap which detonated ammunition the unit was carrying causing devastating results.  He stated in addition to the 14 killed and 32 listed as wounded in action there were Soldiers who suffered from the incident that were not listed.  He felt the applicant was one of those.  He stated the applicant sustained damage to his ears in that incident and later was assigned to a job in the rear due to his injury.  He feels the applicant met the criteria for award of the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

13.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the Army Good Conduct Medal.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 4th Battalion, 3d Infantry, 11th Infantry Brigade was awarded the RVN Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 15376 awarded the applicant the Air Medal.  Therefore, he is entitled to have this medal added to his DD Form 214.

2.  He provides copies of two news articles and a staff journal as evidence of a booby trap explosion that occurred in Vietnam on the date he contends he was knocked unconscious by that same explosion and sustained permanent auditory nerve damage and hearing loss.  He also provides a statement from a member of the same unit who provided details of the booby trap explosion incident and its devastating results.  He stated he feels the applicant was one of those Soldiers that suffered from the incident that was not listed as wounded in action.  He stated the applicant sustained damage to his ears in that incident and was later assigned to a job in the rear due to his injury.  


3.  Notwithstanding documentary personal statements, there is no evidence of record and he did not provide any evidence that he incurred an injury as the result of hostile action.  Further, he acknowledges he did not seek/need medical treatment at that time.  Therefore, in the absence of documentary evidence showing he was wounded or injured as a result of hostile action, treated for such wounds, and that the medical treatment was made a matter of official record, there is an insufficient basis for adding the Purple Heart to his DD Form 214.

4.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  The fact he was awarded a Bronze Star Medal and Army Commendation Medal depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 15 May 1969 through 14 May 1971 and to add this award to his DD Form 214.

5.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  He participated in four campaigns during his service in Vietnam which entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  As such, his DD Form 214 should be corrected to show these bronze service stars.

7.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to have his DD Form 214 corrected to show these qualification badges.

8.  In view of the foregoing, the applicant's records should be corrected as shown below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 15 May 1969 through 14 May 1971;

	b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; 

	c.  adding to his DD Form 214 the following awards:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)

	d.  issuing these awards to him.








2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.  




      _______ _ X  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130013009



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ABCMR Record of Proceedings (cont)                                         AR20130013009



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